England's children's commissioner has warned that the NHS is continuing to fail some mentally ill children and young people by placing them on adult mental health wards.

Government targets state that no children or young people should be inappropriately placed on adult mental health wards by 2010.

Professor Sir Al Aynsley-Green said some authorities were making good progress towards the target, but he warned that others still had "some way to go" in achieving this.

His comments follow a report setting out the progress made so far by primary care trusts (PCTs) and mental health trusts (MHTs) in meeting the Government target.

Sir Al said: "Many of the replies I received show a real determination to address the gaps identified and a commitment to achieving concrete improvements.

"Those primary care trusts and mental health trusts are to be applauded and I warmly welcome their efforts, and the strong support provided by the Government.

"However, it is clear that for other PCTs and MHTs, much still needs to be done to ensure young people placed on adult wards have the appropriate level of care and support that they need."

The report Out of the Shadows? is a joint publication by the children's commissioner, the charity YoungMinds and the group Very Important Kids.

Copyright © PA Business 2008

Eve Piffaretti, Head of Morgan Cole's Health and Social Care team, comments:

The Mental Health 2007 Act introduces a range of new provisions into existing mental health legislation, to address these concerns previously highlighted by the Children's Commissioner in his 2007 report "Pushed into the Shadows: Young People's Experience of Adult Mental Health Facilities". In particular, a new duty is placed on hospital managers to ensure that the hospital environment of a child is "suitable having regard to his age ( subject to his needs)". However, this provision does not come into force until 2010.

The Mental Health Act 1983 Code of Practice clarifies that the requirement for age appropriate accommodation "means they [children] should have appropriate physical facilities, staff with the right training to understand and address their specific needs as children and a hospital routine that will allow their personal, social and educational development to continue as normally as possible."

Further amendments require Primary Care Trusts and Local Health Boards to notify local social service authorities within their area of their arrangements for providing suitable accommodation and facilities for children. Also, a criminal court, deciding whether to make a hospital order, can request information about the availability of age appropriate accommodation.

Morgan Cole provides specialist advice on all aspects of Mental Health Law and the law relating to Children, including the changes that have been brought about by the Mental Health Act 2007. We are also providing training and advice on the implementation of the requirements of the Act in relation to this and other areas.